Muir v. Wilson
New York Court of Chancery
William Muir of the city of New York, died in 1809, leaving both real and personal estate. He had previously, made his will, by which he gave his estate to his children, in different shares. The complainant was one of his children, and a minor. On the twentieth day of February 1809, the surrogate appointed the defendant George Wilson, guardian of the complainant, in the usual manner.
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William Muir of the city of New York, died in 1809, leaving both real and personal estate. He had previously, made his will, by which he gave his estate to his children, in different shares. The complainant was one of his children, and a minor. On the twentieth day of February 1809, the surrogate appointed the defendant George Wilson, guardian of the complainant, in the usual manner. On that occasion, Wilson as guardian, and Robert Steele and James Carvill, as his sureties, executed a bond before the surrogate, with condition, that Wilson should in all things, faithfully discharge the duty of…
1Opinion of the Court
The Court.
Wilson as general guardian by the appointment of the surrogate, was authorized to receive the rents and profits of the lands of the complainant, during her minority ; but he had no power to dispose of those lands, in fee. The bond directed by law and taken by the surrogate, is adapted to the powers and duties of the guardian, and to the amount of the property of his ward, which his trust authorizes him *514to receive. Its penalty is equal to the value of the personal estate of the minor, and the rents and profits of the real estate, during the minority ; and it does not include the…
2Cited by3 opinions
- Allen v. KellyAppellate Division of the Supreme Court of the State of New York · 1900
- Allen v. KellyAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Judicial Settlement of the Account of WolfeNew York Surrogate's Court · 1912